Appellate Practice
Aug. 18, 2010
You Don't Always Get a Second Chance
Legal filing deadlines are no joke. An attorney, whose paralegal failed to file a motion on time, learned this lesson the hard way, by Paul Kujawsky.
If you have to prepare an opposition to a motion for summary judgment, you probably shouldn't hand it off to your paralegal to write. If you do, make sure she finishes it before she leaves on a cruise to Alaska. Otherwise, the resulting failure to timely oppose the motion will not be considered excusable inadvertence, mistake, surprise or neglect under Code of Civil Procedure Section 473(b). And since the mandatory relief provision o...
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